BILL NUMBER: AB 391	CHAPTERED  10/10/99

	CHAPTER   846
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   APRIL 29, 1999

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 11, 1999

   An act to amend Sections 4320 and 4330 of the Family Code,
relating to marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 391, Jackson.  Spousal support.
   Existing law directs a court to consider specified circumstances
concerning the parties in ordering spousal support in a judgment of
dissolution of marriage or legal separation of the parties, including
the goal that the supported party shall be self-supporting within a
reasonable period of time.  For purposes of this provision, a
reasonable period of time is generally defined to be one-half the
length of the marriage.  Existing law also requires the court to give
a specified admonition to the parties when making that order.
   Existing law provides that a marriage of 10 years or more is
presumed to be a marriage of long duration, as specified.
   This bill would provide an exception for a marriage of long
duration from the definition of a reasonable period of time for
purposes of this provision.  The bill would require the court, when
ordering spousal support for a greater or lesser length of time than
one-half the duration of a short-term marriage, or in ordering any
reduction in support after a specified period or termination date
with respect to a long-term marriage, to provide an explanation for
its ruling either orally or in writing, as specified.  The bill would
also delete the provision requiring a court to give a specified
admonition when making an order for spousal support and instead
authorize the court to advise the recipient of support that he or she
should make reasonable efforts to assist in providing for his or her
support needs.
   The bill would incorporate additional changes to Section 4320 of
the Family Code made by this bill and AB 808 to take effect if both
bills are enacted and this bill is enacted last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4320 of the Family Code is amended to read:
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability to pay of the supporting party, taking into
account the supporting party's earning capacity, earned and unearned
income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties.
   (i) The immediate and specific tax consequences to each party.
   (j) The balance of the hardships to each party.
   (k) The goal that the supported party shall be self-supporting
within a reasonable period of time.  Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage.  However, nothing in this section is
intended to limit the court's discretion to order support for a
greater or lesser length of time, based on any of the other factors
listed in this section, Section 4336, and the circumstances of the
parties.
   (l) Any other factors the court determines are just and equitable.

  SEC. 1.5.  Section 4320 of the Family Code is amended to read:
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability to pay of the supporting party, taking into
account the supporting party's earning capacity, earned and unearned
income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties, including, but not limited
to, consideration of emotional distress resulting from domestic
violence perpetrated against the supported party by the supporting
party where the court finds documented evidence of a history of
domestic violence, as defined in Section 6211, against the supported
party by the supporting party.
   (i) The immediate and specific tax consequences to each party.
   (j) The balance of the hardships to each party.
   (k) The goal that the supported party shall be self-supporting
within a reasonable period of time.  Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage.  However, nothing in this section is
intended to limit the court's discretion to order support for a
greater or lesser length of time, based on any of the other factors
listed in this section, Section 4336, and the circumstances of the
parties.
   (l) Any other factors the court determines are just and equitable.

  SEC. 2.  Section 4330 of the Family Code is amended to read:
   4330.  (a) In a judgment of dissolution of marriage or legal
separation of the parties, the court may order a party to pay for the
support of the other party an amount, for a period of time, that the
court determines is just and reasonable, based on the standard of
living established during the marriage, taking into consideration the
circumstances as provided in Chapter 2 (commencing with Section
4320).
   (b) When making an order for spousal support, the court may advise
the recipient of support that he or she should make reasonable
efforts to assist in providing for his or her support needs, taking
into account the particular circumstances considered by the court
pursuant to Section 4320, unless, in the case of a marriage of long
duration as provided for in Section 4336, the court decides this
warning is inadvisable.
  SEC. 3.  Section 1.5 of this bill incorporates amendments to
Section 4320 of the Family Code proposed by both this bill and AB
808.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2000, (2) each bill
amends Section 4320 of the Family Code, and (3) this bill is enacted
after AB 808, in which case Section 1 of this bill shall not become
operative.
